||All England Reporter
|| All ER (D) 214 (Jan)
|| EWHC 36 (Admin)
||Queen's Bench Division (Administrative Court)
||Mary Aspinall-Miles (instructed by Shentons) for the appellant.
||David Reid (instructed by the Crown Prosecution Service) for the prosecution.
||26 January 2007
Road traffic - Driving while unfit to drive through drink or drugs - Special reasons for not disqualifying - Driving eructating whilst giving specimen of breath - Whether elevated level of mouth alcohol capable of amounting to special reason - , s 34.
The district judge had been wrong to conclude that eructation while providing a specimen of breath, which it was alleged had caused an elevated level of mouth alcohol, was incapable of amounting to a special reason as to why the appellant should not be disqualified for driving a motor vehicle having consumed excess alcohol.
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